Medical Powers of Attorney

Medical Power of Attorney

What does it do?

A medical power of attorney gives someone else the right to make decisions about their medical care on their behalf.

How long does it last?

A medical power of attorney is usually a kind of durable power of attorney - meaning that it will last after the principal has been incapacitated. According to Section 166.152(g) of the Texas Health and Safety Code, it lasts until:

The power of attorney is revoked;
The principal is determined to be competent again; or
The expiration date of the power of attorney, if one is listed.

Why would I need one?

In the event that you cannot make decisions about your own medical care, this document would allow someone you trust to make those decisions for you. It is a common part of later-life planning and legal preparations for people with disabilities.

Note that a medical power of attorney differs from a "living will," which allows you to state what medical procedure you do and do not want performed. For example, a living will would allow you to tell doctors that you do not want to receive a blood transfusion. A medical power of attorney does not discuss specific procedures but instead gives someone else the authority to make decisions about those procedures for you.

Texas Law:

Texas Health and Safety Code, Chapter 166
Known as the Texas Advanced Directives Act, this chapter governs how and when three advanced medical directives (directive to physicians, medical powers of attorney, and do not resuscitate orders) may be issued, executed, and revoked.

Understanding the Law:

Medical Power of Attorney: Information and Answers
This page from TexasLawHelp.org explains what a medical power of attorney does and how it might be useful.
Texas Living Wills and Medical Powers of Attorney: What You Need to Know
This article from legal publisher Nolo explains the difference between living wills and medical power of attorneys and the role they play in estate planning.

Forms:

Medical power of attorney form
This form for a medical power of attorney is available from The Department of Health and Human Services in English and in Spanish.
Information Concerning the Medical Power of Attorney (Disclosure Statement) [PDF]
This disclosure statement from the Texas A&M Real Estate Center satisfies the form requirements found in Texas Health & Safety Code 166.164.
E-File Interview: Estate Planning
eFileTexas's self help section contains this interactive interview that will help you create completed forms for a durable power of attorney, a medical power of attorney, an advance directive to physicians, a HIPAA medical records release, or all of the above.
End of Life Documents [PDF]
The Texas A&M Real Estate Center has written this article that discusses durable powers of attorney, medical powers of attorney, and other advance directives. The article links to forms throughout.